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CEC Implied Status and Vacay

babycakesrain

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May 3, 2017
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Hey guys! I see a lot of threads with these questions but haven't found a very clear one. I graduated in October 2015 and as I had the new study permit, I never had to apply for an off campus work permit. I maintained the 20 hours a week till January and was paid by personal cheques when I applied for my PGWP. My boss then upped my hours to 24 a week. I got a one-year PGWP in April 2016 and got on payroll in June and continued working for 24 hours a week (sometimes more) until it expired this year. I went to my home country for almost a month in the summer of 2016 but it was all paid vacation. I am now in the Express Entry pool and am waiting for an invitation. I have a bit over 1600 hrs. with the work I have done. I guess my questions are:
1) Does all the implied status I have count ?( I have seen many people here posting that if you have successfully completed your course ,you can ask the immigration officer to consider these hours towards your CEC as long as you have the graduation certificate with the date and many seem to have gotten PR)
2) Do vacation days really go against CEC ? (Again, I see some people saying yes , some saying no as long as it was paid- to be fair, I did have to work up all those hours when I came back)
3) I am not sure if my boss paid taxes when he was giving me personal cheques , but I was never self-employed- should I ask him to retroactively pay it or should I just do it so that if I am invited (fingers crossed), my CRA info will be consistent?
4) How many people in my situation have actually gotten P.R. with all these non-continuous , implied hours?
5) I applied for a visitor record in order to try and wait out the invitations and hope to get selected. If I get the record, is it possible to apply for another study permit so that way I can try to boost my points if I never get selected this year while waiting for a possible ITA? Has anyone ever studied then worked then changed to visitor then studied again? Do I have to leave Canada or can I mail it to LA - anyone knows of that process?
So sorry for the 21 questions but I love how informative this site can be and I just wanted to ask some questions specific to my situation. Thank you all, and good luck with CEC!
 

jes_ON

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I graduated in October 2015 and as I had the new study permit, I never had to apply for an off campus work permit.
WHEN? You would be on implied status if you applied for the PGWP before you graduated.

I maintained the 20 hours a week till January and was paid by personal cheques when I applied for my PGWP.
Sounds like maybe you were off-the-books. You will have to have a chat with your boss to find out if the employment was "legal."

My boss then upped my hours to 24 a week. I got a one-year PGWP in April 2016 and got on payroll in June and continued working for 24 hours a week (sometimes more) until it expired this year.
LIkely your "authorized" work began in June when you "got on payroll." Again, have a chat with your boss. He/she may not want to state in writing to the Federal govt that you were "employed" before then.

I went to my home country for almost a month in the summer of 2016 but it was all paid vacation. I am now in the Express Entry pool and am waiting for an invitation. I have a bit over 1600 hrs. with the work I have done.
You might have to re-calculate that from June 2016, again depending on what your employer says.
Also, IRCC might find it odd that you got one month of paid vacation so soon after starting to work.

Also, If you are counting hours (which is fine given that you were working part-time), you can count up to 30 hours per week. 30 or more hours in a week is simply "full-time."


1) Does all the implied status I have count ?( I have seen many people here posting that if you have successfully completed your course ,you can ask the immigration officer to consider these hours towards your CEC as long as you have the graduation certificate with the date and many seem to have gotten PR)
If it truly was "implied status," yes it counts, but it is not yet clear whether you met the conditions of (a) implied status, or (b) authorized work.

2) Do vacation days really go against CEC ? (Again, I see some people saying yes , some saying no as long as it was paid- to be fair, I did have to work up all those hours when I came back)
Not sure what you mean by "I did have to work up all those hours..." Paid vacation is considered part of employment, but your case is a bit unusual. Your employer would have to state that your benefits included 1 month of paid vacation ... or otherwise explain the remuneration.

3) I am not sure if my boss paid taxes when he was giving me personal cheques , but I was never self-employed- should I ask him to retroactively pay it or should I just do it so that if I am invited (fingers crossed), my CRA info will be consistent?
See above; this is why I said I think it was "off the books" and may not have been legal.

5) I applied for a visitor record in order to try and wait out the invitations and hope to get selected.
If I get the record, is it possible to apply for another study permit so that way I can try to boost my points if I never get selected this year while waiting for a possible ITA?
You can apply.

Has anyone ever studied then worked then changed to visitor then studied again? of course.
Do I have to leave Canada or can I mail it to LA - anyone knows of that process?
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=483&top=15
 
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babycakesrain

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May 3, 2017
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Thank you so much for your response! Oh he had no problem hiring me back then and he is ready to write a letter to say I did work and I think they are calculating the back taxes to be paid to the CRA now so that I can have proof of the work experience. Everything was on the book because his accountant called me recently to confirm. I called CIC and the agent told me I don't need to have taxes paid for the work as long as I proved that I worked but sometimes those answers are a bit wonky. When I say 'make up the hours' , I mean after I went on vacation , I had to work overtime when I came back to make up the hours. He allowed me to go back for a month because he knew that I hadn't been home in three years and wanted me to see my family. I left school in October and started working in November , I applied for the PGWP in January . The work between November and January is not valid?? Thank you so much for taking the time to respond!
 

scylla

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What you're describing isn't a paid vacation because you had to make up the hours. When you take a paid vacation, you are paid for the time you are away and don't have to make up the hours. You should exclude that month from your work experience calculation - which means you'll need to work a month longer to qualify under CEC.
 

jes_ON

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I left school in October and started working in November , I applied for the PGWP in January . The work between November and January is not valid??

sorry, just double-checked, it It was a grey area for a while (oversimplified language on the IRCC website), but it looks like IRCC has cleaned up its language, whew! As long as you applied for your PGWP within 90 days after graduating (since you got it, I assume you met that requirement), so the post-graduation work experience should count. Note that VOs tend to automatically look at the start date of the PGWP as the start of authorized work, so include a letter of explanation about the date you graduated (provide proof), that the work was authorized and should count...


http://www.cic.gc.ca/english/study/study-extend.asp
The expiry date on your study permit tells when you have to stop studying. This date could be the length of your:

  • program, plus 90 extra days
  • pre-requisite courses plus 90 extra days (if you were conditionally accepted by your school) or
  • passport minus 30 days, if your passport will expire before you can finish your studies.
The extra 90 days gives you time to prepare to leave Canada or to apply to extend your status in Canada.[/QUOTE]